Motion to quash appeal on jurisdictional ground was heard before appeal

Procedure

Motion to quash appeal on jurisdictional ground was heard before appeal

Plaintiffs brought undertaking and refusals motion that was largely unsuccessful. Plaintiffs sought leave to appeal decision to Divisional Court, which was refused. Plaintiffs appealed denial of leave to appeal. Defendants sought to quash appeal in separate motion on grounds that court lacked jurisdiction. Defendants brought motion to extend time to deliver their responding materials for plaintiffs’ appeal; plaintiffs brought cross-motion to have motion to quash heard at same time as appeal. Motion granted; cross-appeal dismissed. Where basis for motion to quash was that court lacks jurisdiction to hear appeal, motion was heard before appeal. Defendants were granted 60 days to deliver their materials.
Yim v. Song (Aug. 24, 2016, Ont. C.A., B.W. Miller J.A., In Chambers, CA M46733, M46813, (C61980)) 270 A.C.W.S. (3d) 9.